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1 - 2 of 2 (0.33 seconds)Kishan Singh vs Sucha Singh on 17 September, 2007
She has no where stated in the plaint that she in possession of suit
property also she has not filed even a single document to show that she
is in possession of suit property. It is settled principle of law that the co
owner has to seek partition of the suit property and a simplicitor suit for
injunction is not maintainable when the coowner is not in possession of
the suit property. It is relevant here to mention the judgment of Hon'ble
Punjab & Haryana High Court in case titled as Kishan Singh vs Sucha
2 of 5
Singh (2008) 2 PLR 707 wherein the trial court had decreed the suit of
the plaintiff and the defendant went in appeal and the Ld. First Appellate
Court dismissed the suit on one of the ground that alternate efficacious
remedy was available with the plaintiff. The plaintiff approached the
Hon'ble High Court and in the judgment passed by Hon'ble High Court
following observations were made by the Hon'ble High Court:
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